Hamilton Harbour v. Ship Frank Dixon, (1974) 5 N.R. 416 (FCA)

JudgeThurlow and Ryan, JJ. and MacKay, D.J.
CourtFederal Court of Appeal (Canada)
Case DateSeptember 11, 1974
JurisdictionCanada (Federal)
Citations(1974), 5 N.R. 416 (FCA)

Hamilton Harbour v. Ship Frank Dixon (1974), 5 N.R. 416 (FCA)

MLB headnote and full text

Hamilton Harbour Commissioners v. The Ship "Frank Dixon", Her Boiler, Engine, Auxiliary Machinery and Superstructure, and her Owner Thereof

Indexed As: Hamilton Harbour Commissioners v. Ship Frank Dixon

Federal Court of Appeal

Thurlow and Ryan, JJ. and MacKay, D.J.

September 11, 1974.

Summary:

This headnote contains no summary.

Practice - Topic 3983

Joinder of actions - Single cause of action - The plaintiff claimed dock charges against three ships and commenced three actions, one against each ship - The Federal Court of Appeal stated that the plaintiff was not justified in commencing three actions and dismissed two of the actions without costs.

Practice - Topic 7039

Costs - Party and party costs - Entitlement to party and party costs where a party unnecessarily commenced several actions - The Federal Court of Appeal refused to award costs because of the commencement of a multiplicity of proceedings.

Counsel:

A.J. Stone, Q.C., for the appellants;

S.T. Stablins, for the respondents.

This appeal was heard by the Federal Court of Appeal at Toronto, Ontario on September 10 and 11, 1974. Judgment was pronounced from the bench on September 11, 1974.

The judgment of the Federal Court of Appeal was delivered by THURLOW, J.

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